Judge decides to allow media in Gateway hearing

LEE COUNTY: Fred Cooper is charged with the December 2005 murders of Steven and Michelle Andrews. In a hearing Wednesday, Cooper's attorney put the media on trial for what he calls hostile coverage of the case and his client.

The freedom of the press versus the right to a fair trial was center stage in one of Southwest Florida's most notorious murder cases on Wednesday.

"An overwhelming degree of publicity that has been attendant to this case, I don't think there's any question judge that it was hostile to the defendant," said Ken Garber, attorney for Fred Cooper.

Cooper is accused of killing Steven and Michelle Andrews inside their Gateway home in December 2005.

Wednesday he sat in court as his attorney argued to keep the media out of a hearing to suppress evidence. The evidence involves statements made by a real estate agent to detectives. That witness supposedly identified Cooper in a photo lineup but Garber argues detectives coerced the woman into identifying Cooper.

"To close the hearing so this evidence doesn't come out in the public would be a useless act," said Steve Carta, attorney for The News-Press.

Carta says the issue is simple and can be summed up in two words - public record.

"The suppression hearing is the only opportunity that the public has to learn about police and prosecutorial conduct," said Carta.

The judge agreed for now, but hasn't ruled out changing his mind.

"I'm going to be especially cautious anytime I even contemplate restricting the media's attention or presence in the proceeding," said Judge Thomas Reese.

Outside the courtroom, a group of reporters waited for Garber to talk.

"I have no comment to make on this case at this time," he said.

The hearing to suppress the evidence is scheduled for Thursday at 1:30 p.m.

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